Bill > HB4097

This bill, titled "The Protection of Shared Physical and Digital Property from Warrantless Searches Act," aims to safeguard individuals' privacy by establishing stricter conditions for government access to their property, particularly when that property is held by a third party, such as a service provider. It defines "digital property" as information created or shared by a person in digital form, including access details, and "physical property" as any real or personal property owned, possessed, or shared with a third party. The bill explicitly rejects the "Third Party Doctrine," a legal principle that previously allowed the government to access information shared with third parties without a warrant, arguing it infringes on constitutional rights. Under this new act, government agents must obtain a search or seizure warrant based on probable cause, unless they have the property owner's consent or are responding to an imminent threat. The bill also mandates that individuals be notified of any search or seizure of their property held by a third party, with limited exceptions for ongoing investigations, and allows individuals to challenge such actions as if their property were seized directly. Evidence obtained in violation of these provisions will be inadmissible in court, and individuals whose rights are violated can pursue legal action for damages and other relief.

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http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4097&year=2026&sessiontype=RS&btype=bill